Sanford Speaks Out is the latest blog sensation written, edited and produced by Sanford D. Horn, a writer and educator. Sanford will write about issues of the day covering a myriad subjects: politics, education, culture, sports, religion and even food.

Friday, June 9, 2017

Grounding Greg Gianforte

Grounding Greg Gianforte

Commentary by Sanford D. Horn

June 9, 2017

The First Amendment to the United States Constitution
grants people freedom of the press. However, body slamming a reporter is in no
way an acceptable rewrite of the definition of a free press.

Yet, on Wednesday, May 24, that is precisely what Greg
Gianforte, then Republican candidate for the At-Large seat in Congress from
Montana, did to Guardian reporter Ben
Jacobs, knocking him to the ground. The full-on assault occurred in Gianforte’s
Bozeman campaign headquarters one day prior to the special election being held
to fill the seat vacated by Ryan Zinke upon his Cabinet appointment to become
Secretary of the Interior.

The following day, on Thursday, May 25, Gianforte emerged
victorious, yet not necessarily unscathed, in winning the special election with
50 percent of the vote, defeating Democrat Rob Quist, who garnered 44 percent
of the vote, and Libertarian Mark Wicks with six percent. For his actions,
Gianforte is charged with misdemeanor assault.

Gianforte has admitted his guilt via three apologies to
Jacobs, who not only accepted, but indicated he has no plans to sue the
Representative-elect. Gianforte plans to plead guilty when appearing in a
Bozeman court on Monday, June 12. Jacobs has certainly taken the high road; he
should have sued Gianforte.

Prior to the assault, Jacobs had been questioning
Gianforte about the GOP healthcare plan. Perhaps in lieu of a true plan to
repeal and replace Obamacare a physical assault would draw attention away from
the GOP’s shortsightedness on this all-important issue. The Republican Party,
after all, had seven years to cobble together a brilliant plan to replace the
deleterious and destructive Obamacare.

In the weeks following the assault Gianforte has issued
several apologies, one in part saying, "My physical response to your legitimate question was
unprofessional, unacceptable, and unlawful. As both a candidate for Office and
a public official, I should be held to a high standard in my interactions with
the press and the public. My treatment of you did not meet that standard. …I
made a mistake and humbly ask for your forgiveness," wrote Gianforte.

In
addition to his apologies, Gianforte pledged $50,000 to the Committee to Protect
Journalists, an organization that promotes freedom of the press.

Despite
his many mea culpas and monetary contribution Gianforte should be denied his
seat in the House of Representatives on the grounds of moral turpitude. Not
only is there precedence to not seat a member-elect of Congress or eject a
sitting member, such actions are supported by the Constitution.

Article I
Section 5 of the United States Constitution states: "Each House shall be
the Judge of the Elections, Returns and Qualifications of its own Members, and
a Majority of each shall constitute a Quorum to do Business; but a smaller Number
may adjourn from day to day, and may be authorized to compel the Attendance of
absent Members, in such Manner, and under such Penalties as each House may
provide.

Each House
may determine the Rules of its Proceedings, punish its Members for disorderly
Behaviour, and, with the concurrence of two thirds, expel a Member.”

In spite of the Constitution, Gianforte has the Supreme
Court case Powell v. McCormack (1969)
on his side. The crux of that case determined neither house of Congress has the
"power to exclude a
member-elect who meets the Constitution's membership requirements," of age
and residency. Thus remains the expulsion option which the House should
exercise.

In the state of Montana, misdemeanor assault convictions
carry a maximum penalty of six months in prison and a $500 fine. Clearly a $500
fine is meaningless considering the $50,000 Gianforte is contributing to the
Committee to Protect Journalists. Seating Gianforte based upon Powell, and then expelling him would
have a greater impact, not just on Gianforte, but hopefully the body politic as
a whole, that actions have repercussions and severe ones at that.

Members of the press, regardless of in how low esteem
they are held by the public, especially politicians, should never be put in an
intimidating position where they are unable to properly perform their jobs.

From personal experience as a member of the Fourth Estate,
not everybody reports biased or fake news. Those who do should be admonished or
dismissed from their positions. The American people, hell, all people deserve
to know the truth. Make no mistake, the people do not have the right to know
everything – state secrets potentially putting national security at risk should
neither be leaked nor revealed. I’m an American first and a
reporter/commentator second. Information on deep background or expressed off
the record should stay there. I’ve managed to eke out a living keeping my word.
We need an honest press, but we also need a press free to do its job without
the threat of physical violence or intimidation.

Thomas Jefferson said it best: "The only security of all is in a free press. The
force of public opinion cannot be resisted when permitted freely to be
expressed. The agitation it produces must be submitted to. It is necessary, to
keep the waters pure." (Sadly, the purity of those waters has long passed
us by.)

2 comments:

I don't know that I'd deny him the seat on the grounds of moral turpitude. A lot of people have done a lot worse, without remorse. Ted Kennedy actually caused someone to die without calling for help. Gianforte should have to do some community service or a weekend in jail, and make some other public showing of support for the press.

A chastened Republican in the Congress may be a good advocate for respecting the role of the press, even when vehemently disagreeing or denouncing a particular member of it.

Mitch, of course you cited the best example in Chappaquiddick Ted, but with the climate these days, I want an example made of Gianforte, even if he is a Republican. As for the community service - 40 hours is his sentence along with 20 hours of anger management.